Sutter v. Lackmann
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. Ejectment for leasehold estate — See S. 0. 23 Mo. 168, and 28 Mo. 481. Plaintiff’s title was as follows: Lease by Ann Biddle to John T. Schulze, dated September 1, 1845, for ten years, with clause of renewal. Schulze and Manck had been partners, and upon dissolution of the partnership Schulze assumed to pay all the debts, and made a deed of trust to Thos..J.
Read the full summary
Appeal from St. Louis Court of Common Pleas. Ejectment for leasehold estate — See S. 0. 23 Mo. 168, and 28 Mo. 481. Plaintiff’s title was as follows: Lease by Ann Biddle to John T. Schulze, dated September 1, 1845, for ten years, with clause of renewal. Schulze and Manck had been partners, and upon dissolution of the partnership Schulze assumed to pay all the debts, and made a deed of trust to Thos..J. Meier to secure Manck against the claims of the creditors of the firm, dated December 31, 1851. Sale under this deed of trust by trustee, May 17, 1852; purchase by and deed to plaintiff.…
1Opinion of the CourtFagg, Judge
Instead of considering the points in the order in which they stand in the argument of the case, it is proper first to dispose of the objection made by the counsel for the respondents, viz., that the action of ejectment cannot be maintained by an administrator. The case of Aubuchon v. Long, 23 Mo. 99, is cited as a case directly in point. That was an action commenced by an executrix for an alleged trespass upon the land of her testator committed after his death, and the court held that it could not be maintained, because “the real estate of a deceased person descends upon his death to his…
2Cases cited1 opinion
- Aubuchon v. LorySupreme Court of Missouri · 1856
3Cited by11 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Albert v. BeselSupreme Court of Missouri · 1885
- Frederick v. AllgaierSupreme Court of Missouri · 1886
- St. Louis Housing Authority v. BainterSupreme Court of Missouri · 1957
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.